Moldovan PM unveils draft on amendment of Law on Prosecutor General's Office in parliament

Chisinau, 8 November /MOLDPRES/ - Good afternoon,

Five months ago, we assembled in this hall. We did together a thing which seemed impossible at that time. The parliamentary majority set up on 8 June was created to release the country from captivity, to release the justice, mass media and the state’s institutions.     

This is what we promised to people when we went to make campaign to hundreds of villages and dozens of towns and cities of Moldova. That is why, we accepted the governance in extremely difficult conditions. The cleaning of justice has been and will remain the goal No 1 of our work.     

Only if the rights of the people are defended, the laws are observed and those who infringe the laws are punished, only in this way we can edify a country where people want to live decently: with worthy living standards, with good infrastructure, with sure investments and enhanced life expectancy. For this, we need independent and functional justice, true justice. This is crucial for this mechanism to work.   

The justice reform is not my personal whim. This is the promise I made to people and I keep my promises. The people demand justice – this is what we are here for.   

I cannot sit with my hands folded and watch how the state’s institutions find a new master each. We tried to be correct, including so far, and where have we got? They intervened each time. Ingenious ways, tricks and schemes were found.       

We noticed the interventions from those contests; they discontented us; yet, at that time, we considered that we can overlook those deviations, so that the majority can work together, in order to make proper order in justice.   

Yes, we have made certain compromises. We did them in order to manage to achieve the main goal – an independent Prosecutor General’s Office, a true justice. The fight for the prosecutor general is the last redoubt. This is the red line. In this pre-selection, I cannot allow any deviation – the role of the prosecutor general is too important for the justice system and the ill-intentioned interferences can cost all of us – the citizens of Moldova – too much.     

Moldova went through more justice reforms, everybody has seen them. We also had a lot of prosecutors elected through serious mechanisms. Multiple structures were set up, which should have defended the justice from attempts of capturing – the Superior Council of Prosecutors, Superior Council of Magistracy, Constitutional Court.     

And nevertheless, the effect of these interventions left itself expected – the good intentions yielded no result, as they were neutralized by hidden political agreements.  

The office of prosecutor general was traded under the table between parties and when the prosecutor was committing abuses, none of the politicians took responsibility for them. The politicians were placing the blame with each other and were covering themselves with statements about the false independence of the prosecutor.    

I ruled to act differently. I assume political responsibility for the process of identifying the candidates for the office of prosecutor general. I will personally identify and verify honest, courageous and good-intentioned people and I will put them forward to the Superior Council of Prosecutors.     

In this respect, the position of the Venice Commission encourages me, expressed in other similar situations, according to which the selection of the prosecutor general must be made, so that he/she gets the public’s trust and the selection of the prosecutor general with the involvement of the executive and legislative power would provide more democratic legitimacy to this procedure.    

So, the Venice Commission considers that it is reasonable for a government to be willing to participate in the process of selection of the prosecutor general, for reasons that the combating of criminality is crucial for the good work of the state’s institutions.   

In those several months of political coexistence, you have been able to know me well. Therefore, you know that I am sincere when I state that I will do this, namely because I want us to have a really independent prosecutor, not a political one.    

I will be responsible before people; therefore, I am the most interested for the next prosecutor to be subordinated only to the law and the Constitution and not to a master. My commitment is that we have a free prosecutor.   

Our main task is to edify a state for the people. A true and functional justice is the key for the building of such a state.   

You have everybody seen the draft law which I present today. This is what it provides for: 

The prime minister pre-selects at least two candidates for the office of prosecutor general, depending on their education and professional abilities, integrity and other personal qualities and submits the list of pre-selected candidates and their files to the Superior Council of Prosecutors (CSP).   

In other words, the prime minister submits a short list of candidates to CSP. Subsequently, CSP can choose one of the candidates proposed by the prime minister and puts up the candidate for the office of prosecutor general to the country’s president. The mechanism is similar to the one suggested and voted in last September and provides for enough measures of balancing of the institutions involved.  

The law also stipulates that the institutions in charge will be obliged to present all information they have, in order to verify the integrity of the candidates.   

Another provision of the law is that the prime minister can set up a commission for assessing the work of the prosecutor general, in case of illegal interference with the work of another prosecutor or in case of illegal intervention, of any kind, to the authorities, institutions or officials for the settlement of any issue or in case of committing of actions which seriously hit the image of the prosecutor’s office or the independence of prosecutors.    

We are set to promote professional and upright people for the office of prosecutor general. The good work of the Prosecutor General’s Office depends on the courage, vision and integrity of the prosecutor general and on the capacity of all employees of this institution to do their job correctly, according to the letter and spirit of law, in public interest.   

The Prosecutor General’s Office will win the people’s trust only in this way.